LOC
- Created by: Sootworth
- Created on: 24-11-16 10:21
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- LOC
- Partial defense to murder
- Under Coroners&Justice act
- Did D lose control
- Richens
- Not should D have lost control
- Subjective Test
- Richens
- Fear Trigger
- Did D fear violence against D/indentifiableperson
- Ward
- Genuine even if unreasonable
- Martin
- Can use
- Martin
- Can use
- Genuine even if unreasonable
- Ward
- Fear of future violence
- Ahluwalia
- Can't use
- Ahluwalia
- Did D fear violence against D/indentifiableperson
- Anger Trigger
- Evidence shows RM would believe things said/done
- Feel wronged
- DPP v Camplin
- Can use
- Doughty
- Can't use
- Extremely grave
- Sexual Infidelity
- V taunts D about
- Leads to LOC
- Clinton
- Can use
- Leads to LOC
- See/Discuss
- Clinton
- Can't use
- V taunts D about
- Considered Desire for Revenge
- A killing is planned/retribution for hurting another
- No plan to kill
- D out of control
- Despite wish to hurt V
- Ibrams&Gregory
- D out of control
- Despite wish to hurt V
- Ibrams&Gregory
- No plan to kill
- Can use
- No plan to kill
- Ibrams&Gregory
- Until V is dead
- Despite wish to hurt V
- Can use
- D out of control
- Ibrams&Gregory
- Until V is dead
- Despite wish to hurt V
- D out of control
- Provocation is enough to make RM lose control with no cooling period
- Baille
- Can use
- Baille
- Evidence shows RM would believe things said/done
- Delayed reaction
- Doesn't matter
- Dawes
- Evidence of previous violence to D by V
- Likely D suffered LOC from things said/done
- up to and including the fatal blow
- Longer the delay, less likely to have lost control at time of killing
- Likely D suffered LOC from things said/done
- up to and including the fatal blow
- Longer the delay, less likely to have lost control at time of killing
- Evidence of previous violence to D by V
- Can use
- Can't use
- Thornton
- Evidence of previous violence to D by V
- Longer the delay, less likely to have lost control at time of killing
- up to and including the fatal blow
- Can't use
- Thornton
- Likely D suffered LOC from things said/done
- Longer the delay, less likely to have lost control at time of killing
- up to and including the fatal blow
- Can use
- Likely D suffered LOC from things said/done
- Doesn't matter
- Self inflicted triggers
- D's actions were intended to give him an excuse
- lose control
- use violence
- Can't use
- Dawes
- D's actions were intended to give him an excuse
- Circumstance
- Age & Sex relevant
- Would RM have to use normal
- tolerance
- in same situation
- AG Jersey v Holley
- Can use
- AG Jersey v Holley
- in same situation
- self restraint
- in same situation
- AG Jersey v Holley
- Can use
- AG Jersey v Holley
- in same situation
- tolerance
- Taunted about RMC
- Morhall
- Can use
- Morhall
- Intoxicated when lost control
- Asmelash
- Can't use
- Asmelash
- Long history of violent abuse / attention seeking
- Sufficiently permanent
- Humphreys
- Sufficiently permanent
- Can use
- Jury decide
- D exceptionally lost temper and killed
- because situation made very angry/scared
- Would jury act in similar way
- because situation made very angry/scared
- D exceptionally lost temper and killed
- Partial defense to murder
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